§ Sir Teddy TaylorTo ask the Secretary of State for Foreign Commonwealth Affairs under what legislative powers the Commission of the European Union has placed a ban on the export of British beef to any nation; what are the penalties for breaching such a ban; and how the decision of the Commission will be enforced. [24069]
§ Mrs. BrowningI have been asked to reply.
Following notification of EU decision 96/239, we have ceased to issue export health certificates for products covered by the decision. Failure to meet the provisions of the decision could leave the United Kingdom liable in the event of an unfavourable judgment in national courts or the European Court of Justice. The Customs and Excise (Management) Act 1979 enables Customs to detain goods presented for export which are subject to the decision.
§ Mr. HeppellTo ask the Minister of Agriculture, Fisheries and Food if he will list the European directives on which the European Commission based its decision to ban the export of beef or beef products by the United Kingdom to third countries; and what action he is taking to test the legality of that ban. [26481]
§ Mrs. BrowningI regret that the hon. Member has had to wait so long for a reply.
The decision of the European Commission to ban the export of beef and beef products from the United Kingdom is based on the following directives:
88WCouncil directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ No. L 224, 18.8.1990, p29), as amended.Council directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ No. L395, 30.12.1989, p13), as amended.As regards the action taken, I, together with ministerial colleagues, have brought an action under article 173 of the treaty of Rome, challenging the legality of the ban before the Court of Justice of the European Community. In the context of that action, the United Kingdom has applied to the court for interim relief—essentially a suspension of the ban pending judgment in article 173 action—under articles 185 and 186 of the treaty.
The United Kingdom has also intervened before the Court in support of a separate article 173 challenge to the ban launched by the National Farmers Union. In addition, the United Kingdom will be submitting written observations to the court contesting the ban's legality, as part of a procedure for a preliminary ruling under article 177 of the treaty, arising out of an application by the NFU for judicial review of measures taken by the Ministry to implement the ban.
§ Mr. David NicholsonTo ask the Minister of Agriculture, Fisheries and Food what representations he has had from, and what meetings he has had with, the International Meat Trade Association, since 20 March, about the consequences of the European Community ban on British exports of beef; and if he will make a statement. [26361]
§ Mrs. BrowningThe Government have received numerous representations, both oral and written, from the International Meat Trade Association since 20 March about the ban on British beef exports. MAFF Ministers and officials have met IMTA officials and members on several occasions during that period. IMTA members also made representations to Coopers and Lybrand in the context of the two reports which the Government commissioned, copies of which have been placed in the Library of the House.
§ Mr. GillTo ask the Minister of Agriculture, Fisheries and Food what estimate he has made of the consequential losses incurred by the meat, livestock and ancillary industries resulting from the ban on British beef exports. [28116]
§ Mrs. BrowningA full audit of the consequential losses incurred by the meat, livestock and ancillary industries resulting from the ban on British beef exports could be calculated only at disproportionate cost and would raise questions of commercial sensitivity. However, the effects include the following: exports valued at nearly £800 million in 1995 have been stopped; clean cattle prices have fallen by up to 20 per cent.; beef consumption has fallen; beef stocks have been devalued; staff have been laid off or made redundant; and businesses have taken on large debts.